New law expands eligibility for "T" nonimmigrant status
Immigrants' Rights Update, Vol. 18, No. 1, February 17, 2004

Congress has enacted and President Bush has signed the Trafficking Victims Protection Reauthorization Act of 2003 (TVPRA), which expands eligibility for T nonimmigrant status for victims of trafficking (for a description of implementation of the original statute, see "DOJ Issues Regulations for T Visas, Available to Victims of Trafficking," IMMIGRANTS' RIGHTS UPDATE, Feb. 28, 2002, p.2).

The new law expands eligibility for T status in a number of ways. It clarifies that victims who cooperate with state and local law enforcement agencies can qualify for status, as well as those who cooperate with federal authorities. The TVPRA also raises, from 15 to 18 years old, the age at which a person qualifies as a juvenile victim who, to be eligible for T status, is not required to show that he or she has cooperated with law enforcement authorities. The new law also adds unmarried siblings under age 18 to the list of family members who may receive T status when the principal applicant is under age 21. In addition, the TVPRA makes the public charge ground of inadmissibility inapplicable to applicants for T status. The TVPRA also makes T status dependents eligible for legal assistance from agencies funded by the Legal Services Corporation. In addition, the new law establishes federal civil causes of action for sex trafficking, trafficking for forced labor, and coercion resulting in forced labor.

Trafficking Victims Protection Reauthorization Act of 2003, Public L. No. 108-193 (Dec. 19, 2003).

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